1. Remedies Issues in relation to the Implementation of Directives 2004/17 and 2004/18
Dr. Peter Trepte
Barrister, London
of Counsel, Grayston & Company, Brussels
Conference on Public Procurement Review & Remedies Systems Dubrovnik May 2007

2. How the Issues Arise
Remedies Directives adopted in 1989 and 1992 in light of existing Directives
Directives of 2004 introduce new concepts
In addition, development of jurisprudence

3. New Concepts Introduced in 2004
Framework Agreements (public sector)
Competitive Dialogue
E-procurement, notably reverse auctions and dynamic purchasing systems

4. Jurisprudence
Alcatel decision requiring reasonable elapse of time between award and conclusion of contract allowing for application of remedies
Introduction of standstill provisions

5. Framework Agreements
Remedies Directives apply to contract award procedures falling within the scope of Directives
cf. qualification lists; post-contract information
Where is the contract under a framework?

6. Framework Agreements (2)
Question of ‘binding contract’
single-provider framework
multi-provider framework
‘Treated’ as a Contract
Rules of procedure apply for all phases up to the award of contracts based on framework agreement (Art. 32(2))

7. Competitive Dialogue Two-stage procedure
In UK, standstill notice (based on Alcatel) sent ‘as soon as possible after award decision made’
When is decision made?
end of dialogue phase?
appointment of preferred bidder?
end of negotiations?
Multiple notifications?

8. Dynamic Purchasing Systems
Comparable to Frameworks
No Initial Agreement or Contract
Contract when offer accepted
cf. e-catalogues